What You Need to Know About Constructive Dismissal
Workplace changes can be challenging, but when those changes alter the fundamental terms of your employment, you may be experiencing constructive dismissal. Understanding your rights is crucial, and seeking advice from an experienced employment lawyer in Toronto can make all the difference in protecting your career and financial well-being.
What Is Constructive Dismissal?
Constructive dismissal occurs when an employer unilaterally changes the terms or conditions of your employment to such an extent that it effectively forces you to resign. This could also include things like unilaterally changing your compensation structure, your work location, changing your schedule or creating a toxic work environment. Unlike a traditional termination, constructive dismissal isn’t about being fired outright—it’s about being left with no choice but to leave due to the employer’s actions.
Examples of constructive dismissal include:
- Significant reduction in pay or hours
- Demotion or changes to your job duties without agreement
- Toxic work environments, such as harassment or bullying
- Relocation to a distant workplace without consent
- Changing your work schedule
- Failure to accommodate disabilities
Learn more about constructive dismissal and how it relates to wrongful dismissal, another important area of employment law.
Notable Case: Pan Pacific Hotel Workers
In a landmark decision by the Supreme Court of British Columbia, the case of Pan Pacific Hotel Workers vs. Ocean Pacific Hotels Ltd. sheds light on the nuances of constructive dismissal. Published in August 2024 by HR Law Canada, the court found that the employer constructively dismissed its regular hourly employees by ceasing to schedule their shifts indefinitely during the COVID-19 pandemic.
While the court ruled in favor of the employees, affirming their constructive dismissal claims, it did not find evidence that the employer acted in bad faith. This case highlights how significant changes to employment, such as indefinitely halting work schedules, can constitute constructive dismissal even if the employer’s intentions are not malicious.
If you’re facing similar circumstances, consulting an employment lawyer near me can help clarify your rights and next steps.
How Do You Prove Constructive Dismissal?
Proving constructive dismissal requires demonstrating that the employer’s actions fundamentally breached your employment contract. Here are the steps to take:
- Document Changes
Keep detailed records of the changes to your job, including emails, performance reviews, or new policies introduced without your consent. - Seek Legal Advice
Consult an employment lawyer in Toronto to understand your rights and the strength of your case. Many offer an employment lawyer free consultation to evaluate your situation. - Avoid Resigning Immediately
Resigning without proper legal advice could weaken your case. A lawyer can help you navigate the process while preserving your rights.
Why You Need an Employment Lawyer for Constructive Dismissal
A skilled employment lawyer near me can help you:
- Assess whether your situation qualifies as constructive dismissal
- Negotiate with your employer for fair compensation
- File a claim for damages if negotiations fail
At Unified LLP, we specialize in constructive dismissal cases, and our team provides personalized advice tailored to your unique situation. For professionals, we also handle related issues like professional discipline matters that may arise during employment disputes.
Contact Unified LLP for a Free Consultation
If you believe you’ve been constructively dismissed, don’t navigate this process alone. Our team of experienced employment lawyers in Toronto offers an employment lawyer free consultation to discuss your case and provide clear guidance on your next steps.
Contact us to book your free consultation today and take the first step toward reclaiming your rights in the workplace.
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